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ORDINANCE NO J&U
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 20
RELATING TO NOISE VIOLATIONS BY AMENDING SECTION 20-1 IN ITS ENTIRETY,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE,
PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS
ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That Chapter 20 "Nuisances" of the Code of Ordinances of Denton, Texas
is hereby amended by replacing Section 20-1 titled "Noise" in its entirety to read as follows
Section 20-1. Noise.
Declaration of Intent.
It is hereby declared to be the policy of the City to minimize the exposure to citizens to
the potential physiological and psychological harm of excessive noise and to protect,
promote, and preserve the public health, comfort, convenience, safety, and welfare It is
the express intent of the City Council to control the level of noise in a manner that
promotes commerce, protects the sleep and repose of citizens, promotes the use, value,
and enjoyment of property, and preserves the quality of the environment
2. Sound Measurement Criteria.
For purposes of this ordinance, sound measurements will be made using the A -weighting
scale on an approved sound -level meter, based on the reference sound pressure (0 dba)
Measurement times will be no less than 2 minutes in length, and violations will be
determined based on the highest registered reading in that measurement period All
measurement levels will be inclusive of any ambient noise that exists at the time of the
measurement
3. Definitions and standards.
The following definitions shall apply in the interpretation and enforcement of the section
Approved Sound -Level Meter An instrument sensitive to pressure fluctuations that
provides a digital decibel reading indicating the level of sound based on a reference of 0
db (0 0002 Micro Bar) The instrument must also be capable of taking measurements on
the A -weighted scale and on a slow response
A -Weighted Sound Pressure Level- The sound pressure level as measured on an approved
sound -level meter using the a -weighting network
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Clearly Audible Any sound for which the information content of that sound is
unambiguously communicated to the listener, such as, but not limited to, understandable
spoken speech which need not be wholly discernable, or comprehension of whether a
voice is raised or normal, bass reverberations, or comprehensible musical rhythms
Daytime From 7 00 a in to 10 00 p in
Established Perimeter The established perimeter of an event will be the permanent or
temporary fencing in place for the event, or the natural boundaries of a specific location
or address
Motor Vehicle Any vehicle propelled by mechanical power, such as, but not limited to,
any passenger car, truck, truck -trailer, semi -trailer, camper, motorcycle, mimbike, go-
cart, dune buggy, or racing vehicle
Nighttime From 10 00 p in to 7 00 a in
Noise Any sound which is unwanted or which causes, or tends to cause, an adverse
psychological or physiological effect on human beings
Outdoor Music Festival Any form of musical entertainment provided by live
performances if
(1) More than 200 persons are in attendance at any one performance, or
(2) The event requires paid admission, and
(3) Any of the performers or performance are not within a permanent,
enclosed structure, and
(4) Any of the performance involves the use of amplified sound
Sound Amplifying Equipment Any machine or device for the sound amplification of the
human voice, music, musical equipment, or any other sound "Sound amplifying
equipment" shall not include warning devices on authorized emergency vehicles or horns
or other warning devices on any vehicles used only for traffic safety purposes
Vibration (Bass Reverberation) A temporal and spatial oscillation of displacement,
velocity, or acceleration in a solid material created by the use or operation of a stationary
loudspeaker, amplifier, musical instrument, or any other sound amplifying equipment
Any ground or structure -borne vibrational motion that is perceptible by sensation by
touch, visual observation of moving objects, or means other than through the sense of
hearing
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4 General noise violations.
(a) It shall be unlawful for a person to make or cause any unreasonably loud,
disturbing, or unnecessary noise, which causes material distress, discomfort or
injury to persons of ordinary sensibilities in the immediate vicinity thereof
(b) It shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable
enjoyment of private homes by persons of ordinary sensibilities
(c) The following acts, among others, are declared to be noise nuisances in violation
of this Code, but such enumeration shall not be deemed to be exclusive
(1) The playing of any phonograph, television, radio, or any musical
instrument in such manner or with such volume, so as to be clearly audible
to a person in their residence, and
(a) During the daytime, measure more than 65 dba on the A -weighting
scale on an approved sound -level meter at more than 50 feet from
the source, or
(b) During the nighttime, measure more than 65 dba on the A -
weighting scale on an approved sound -level meter at more than 50
feet from the source, or
(c) During the daytime, in a multi -family dwelling, measure more than
50 dba on the A -weighting scale on an approved sound -level meter
in any adjacent unit, or
(d) During the nighttime, in a multi -family dwelling, be clearly
audible within any unit that is not the source on the sound
(2) The use of any stationary loudspeaker, amplifier, musical instrument, or
sound amplifying equipment in such a manner or with such volume so as
to be clearly audible to a person in their residence, and
(a) During the daytime, be of such intensity and volume so as to
measure more than 65 dba on the A -scale on a sound -level
measuring device at more than 50 feet from the source, or
(b) During the nighttime, be of such intensity and volume so as to
measure more than 65 dba on the A -scale on a sound -level
measuring device at more than 50 feet from the source, or
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(c) During the daytime, in a multi -family dwelling, measure more than
50 dba on the A -weighting scale on an approved sound -level meter
in any adjacent unit, or
(d) During the nighttime, in a multi -family dwelling, be clearly
audible within any unit that is not the source of the sound, or
(e) At any time on Sunday,
(f) Provided, however, that the city council may make exceptions
upon application for sound levels or hours of operation when the
public interest will be served thereby,
(3) The creation of vibration or bass reverberations at any time that is
perceptible inside a complaining person's residence, through the sense of
touch, or through visual observation of moving objects, or through the
sense of hearing
(4) The use of any radio, stereo, amplifier, sound amplifying equipment, or
other musical device installed or contained in a motor vehicle at a volume
such that it is clearly audible to any person from more than 35 feet from
the vehicle
(5) The blowing of any steam whistle attached to any stationary boiler or the
blowing of any other loud or far-reaching steam whistle within the city
limits, except to give notice of the time to begin or stop work or as a
warning of danger,
(6) The erection, excavation, demolition, alteration, or repair work on any
building at anytime other than between the hours of 6 00 am and 8 30 pm
Monday through Friday from June 1 to September 30, between 7 00 am
and 8 30 pm Monday through Friday from October 1 to May 31, between
8 00 am and 8 30 pm on Saturday, and between 1 00 pm and 8 30 pm on
Sunday, provided, however, that the city council may issue special permits
for such work at other hours in case of urgent necessity and in the interest
of public safety and convenience,
(7) The creation of any loud and excessive noise in connection with the
loading or unloading of any vehicle or the opening or destruction of bales,
boxes, crates or containers,
(8) The use of any drum, loudspeaker, or other instrument or device for the
purpose of attracting attention by the creation of noises to any
performance, show, theatre, motion picture house, sale of merchandise, or
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display which causes crowds or people to block or congregate upon the
sidewalks or streets near or adjacent thereto
5. Outdoor Music Festivals.
(a) At any outdoor music festival, it shall be unlawful for any person or group
sponsoring the event to make, cause, allow, or permit any noise that
(1) Exceeds 70 dba on an approved sound -level meter when measured
at the established perimeter of the event
(2) Provided, the city council may make exceptions upon application
for sound levels or hours of operation when the public interest will
be served thereby
Criminal Penalty.
(a) A person commits an offense if he violates or attempts to violate a
provision of this chapter applicable to him A culpable mental state is not
required for the commission of an offense under this chapter unless the
provision defining the conduct expressly requires a culpable mental state
A separate offense is committed each day in which an offense occurs An
offense committed under this chapter is punishable by a fine of not more
than $500
(b) Prosecution for an offense under Subsection (a) does not prevent the use
of other enforcement remedies or procedures applicable to the person
charged with or the conduct involved in the offense
SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity
SECTION 4 Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect
SSECTION 5 This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
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SECTION 6 This ordinance shall be reviewed by the City Council within six months of
the date of its passage This ordinance shall remain in full force and effect unless repealed or
amended by ordinance
PASSED AND APPROVED this theJ/OL day ofO� —' 2001
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY )"
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
EULINE BROCK, MAYOR
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